사기
A defendant shall be punished by imprisonment for four months.
The defendant shall be liable to the applicant B for the damage KRW 365,00,000, and the applicant C.
Punishment of the crime
On May 14, 2017, the Defendant posted a notice to the effect that “The sales of Maf mobile merchandise coupons” in GPC room located in Busan, Jin-gu, Busan, the Internet site, NinV, and the Korean car page.
However, in fact, the defendant did not have the above merchandise coupon and even if he received the price, he did not have an intention or ability to send the merchandise coupon to the purchaser.
Nevertheless, the Defendant: (a) made a false statement to the victim H, who reported and contacted the above notice, stating that “I will deposit only KRW 280,000,000 and transmit Mat mobile merchandise to a mobile phone; (b) received KRW 2.80,000 from the victim as the price for merchandise coupons; and (c) from January 3, 2017 to June 9, 2017, the victims were deceiving each victims for 23 times in total as shown in the list of crimes in the attached Table; and (d) received KRW 4.58,600,00 from the victims.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of I, J,K, B, L, M, N, P, Q, R, T, U, D, E, V, C, X, H, Y, and Z;
1. Application of Acts and subordinate statutes on reply to warrant execution;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The grounds for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Sentence of Provisional Execution / [the scope of the recommended punishment] General Fraud / [the grounds for sentencing under Article 25(1), 31(1), 31(2), and 3 of the Act on Special Cases Concerning Special Cases Concerning the Promotion, etc. of Compensation Orders and Provisional Execution / [the scope of the recommended punishment] are against the rule of sentencing (one to two years) where a person is either an unspecified or multiple victims or repeatedly commits a crime for a considerable period of time (the decision of sentence], the decision of sentence is without any history of punishment exceeding the fine, the amount of fraud,